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2004

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Articles 8701 - 8730 of 9681

Full-Text Articles in Law

Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.

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Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.

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Hope On Consent Decrees, David Schoenbrod, Ross Sandler Jan 2004

Hope On Consent Decrees, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

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Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi Jan 2004

Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

An empirical study of the judicial and law journal citation frequencies for a large and comprehensive sample of 550 articles that were published from 1996 through 1998 in fifteen selected law journals resulted in several findings. First, these articles averaged only 0.4 judicial citations and 14.5 law journal citations through May 30, 2003. Second, both courts and scholars cite articles that are published in the three most prestigious law journals at much higher rates than they cite articles that appear in either mid-level or lower-tier law journals. Third, courts virtually ignore altogether legal scholarshipthat appears in lower-tier law journals. Finally, …

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The Free Trade Area Of The Americas And Smaller Economies, P.J. Patterson Jan 2004

The Free Trade Area Of The Americas And Smaller Economies, P.J. Patterson

Fordham International Law Journal

No abstract provided.

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The Free Trade Area Of The Americas And Brazil, Rubens Antonio Barbosa Jan 2004

The Free Trade Area Of The Americas And Brazil, Rubens Antonio Barbosa

Fordham International Law Journal

No abstract provided.

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Trade, Democracy, And The Ftaa Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmair Jan 2004

Trade, Democracy, And The Ftaa Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmair

Fordham International Law Journal

No abstract provided.

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Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger Jan 2004

Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger

Fordham International Law Journal

No abstract provided.

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Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston Jan 2004

Out Of Troubles And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston

Fordham International Law Journal

No abstract provided.

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The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi Jan 2004

The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi

Fordham International Law Journal

Up to now, the Euro has been successful in replacing the traditional European currencies and in altering the landscape of European Capital Markets. Domestic users of the Euro are almost the same in number as the population of the United STates, although the Gross Domestic Products of the two economies are clearly not comparable. Still, if the Member States within the Euro-area truly want to be recognized as an integrated capital market, some work must be done. This Article will estimate, from current economic thought, what remains to be done and what can be achieved in the short term. Some …

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End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton Jan 2004

End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton

Fordham International Law Journal

The objective of this Essay is to add new information and analytical insights to the debate, namely, research about how refugee and compensation solutions have been implemented in other situations. Practical implementation options are examined from a variety of comparative experiences. Examining these options could help soften the political absolutism that characterizes the current impasse on the refugee issue. But there is value in any event in understanding the international system context, and mapping realistic scenarios for such matters as an institutional framework to implement a settlement, the criteria and procedures for relocating refugees, and techniques and methods to award …

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion Jan 2004

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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The Judiciary, The State, And The Refugee: The Evolution Of Judicial Protection In Asylum – A U.K. Perspective, Geoffrey Care Jan 2004

The Judiciary, The State, And The Refugee: The Evolution Of Judicial Protection In Asylum – A U.K. Perspective, Geoffrey Care

Fordham International Law Journal

I will look at how the United Kingdom has attempted to handle its own obligations under the Refugee Convention of 1951 - and the European Convention on Human Rights - under the pressures of the increased numbers of those arriving in the country and claiming protection. I propose to survey the development of the system over the years, and in what seems to be a crisis management manner, the role played by the judiciary, and the overall effect on the refugee and how he or she establishes the claim. I will draw attention to some of the cases, particularly in …

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Development Without Refugee Rights? A Civil Society Response, Merrill Smith Jan 2004

Development Without Refugee Rights? A Civil Society Response, Merrill Smith

Fordham International Law Journal

More than 300 non-governmental organizations (“NGOs”) and notable individuals from around the world have endorsed the Statement Calling for Solutions to End the Warehousing of Refugees, half representing refugees in or from the southern hemisphere. These NGOs are not just signing statements but taking concrete actions in donor and host nations to reshape the refugee protection agenda. Such international breadth of support is the beginning of a coordinated campaign to bring pressure to bear on the relevant parties.

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The "Friendly But Cautious" Reception Of International Law In The Jurisprudence Of The South African Constitutional Court: Some Critical Remarks, Erika De Wet Jan 2004

The "Friendly But Cautious" Reception Of International Law In The Jurisprudence Of The South African Constitutional Court: Some Critical Remarks, Erika De Wet

Fordham International Law Journal

As the title indicates, the purpose of this Article is to reflect on the manner in which the South African Constitutional Court has dealt with the application of international law during its first decade. It attempts to add a critical note to the overwhelmingly positive attention the Court has thus far received internationally. There is no doubt that the inspiration that the Court has thus far drawn from international (human rights) law is impressive, and in many ways exemplary. Nonetheless, there is still room for improvement, as the subsequent analysis reveals. In analyzing the Court's methodology, this article does not …

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The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops Jan 2004

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

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Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley Jan 2004

Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will …

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Review Of Rethinking Refugee Law, By N. Nathwani. , James C. Hathaway Jan 2004

Review Of Rethinking Refugee Law, By N. Nathwani. , James C. Hathaway

Reviews

It is a wonderful thing when a work of scholarship is published just as policymakers are struggling with the issues that it seeks to address.

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Justice Thomas And Federal Indian Law: Hitting His Stride?, David E. Wilkins Jan 2004

Justice Thomas And Federal Indian Law: Hitting His Stride?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

It was Justice [Clarence Thomas], the lone African American, whose voting record on Indian cases is more anti-Indian than even Rehnquist or Scalia, who in his concurring opinion, made several critical points that were most telling. Thomas will never be mistaken for Thurgood Marshall, who wrote several affirmative Indian law rulings, and his intention in crafting his opinion in this case was almost certainly not meant to be transparently supportive of tribal sovereignty. Yet he identified several enigmas in law and policy that, if acted upon by tribal, state and federal policymakers, might lead to a clearer status for indigenous …

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Review Of Restoration Of The Great Lakes: Promises, Practices, Performances, By M. Sproule-Jones, Edward A. Parson Jan 2004

Review Of Restoration Of The Great Lakes: Promises, Practices, Performances, By M. Sproule-Jones, Edward A. Parson

Reviews

In this book, Mark Sproule-Jones reports on research into the organization and effectiveness of efforts to improve environmental quality in the Great Lakes under a new approach begun in 1985. That year, the International Joint Commission (IJC) asked the governments of Canada and the United States to develop remedial action plans to reduce pollution and restore degraded uses in 43 areas of concern-regions whose persistent degradation had resisted earlier attempts at improvement. The two governments, in collaboration with the states and provinces, were given wide latitude in how to proceed: the IJC's only specific requests were that all plans involve …

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Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber Jan 2004

Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber

Scholarly Works

Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …

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Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe Jan 2004

Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe

Scholarly Works

This article addresses the impact that school funding litigation has had in shaping public schools across the United States. It serves as an update to a 2001 article titled Serrano and It’s Progeny: An Analysis of 30 Years of School Funding Litigation, which reviewed school funding litigation since the Serrano v. Priest decision. This article updates that research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equality, Tennessee Small School Systems v. McWhorter, Lake View v. Huckabee, DeRolph v. …

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An End Of Term Exam: Ot 2003 At The United States Supreme Court, Peter B. Rutledge, Nicole L. Angarella Jan 2004

An End Of Term Exam: Ot 2003 At The United States Supreme Court, Peter B. Rutledge, Nicole L. Angarella

Scholarly Works

This Essay proceeds in two parts. The first part provides the broad overview of October Term 2003. It analyzes current statistics in the size and composition of the Court's caseload and compares those figures to past terms. It also considers the justices' voting patterns and which justices proved to be the "swing" votes, both generally and in particular fields. The second part focuses on the key cases of the Term. It addresses both what the Court decided and what it failed to decide. It critiques those decisions and considers their implications for future doctrinal developments. The Court Consensus offers some …

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The Contingent Attorney's Fee Tax Trap: Ethical, Fiduciary Duty, And Malpractice Implications, Gregg D. Polsky Jan 2004

The Contingent Attorney's Fee Tax Trap: Ethical, Fiduciary Duty, And Malpractice Implications, Gregg D. Polsky

Scholarly Works

In employment and civil rights lawsuits, the alternative minimum tax may cause a plaintiff's net recovery to be taxed at rates significantly higher than the current maximum rate of 35 percent. This Essay discusses the ethical, fiduciary duty and malpractice implications for lawyers representing plaintiffs who may be affected by this tax trap.

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Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig Jan 2004

Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

One of the chief features of the alternative minimum tax (the "AMT") is a broadened tax base, accomplished in part through the disallowance of deductions that are not central to measuring an individual's net income. Yet in achieving its objective of limiting deductions, the AMT casts a wide net. Thus, in certain instances, an individual can be robbed of the tax benefit of expenses that were critical to the production of the income being taxed. An extreme example of this problem is the treatment of certain litigation expenses under the AMT. If an individual incurs attorney fees and other associated …

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If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade Jan 2004

If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade

Scholarly Works

This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.

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Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White Jan 2004

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

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Academic Law Library Directors’ Law School Courses, Ann Puckett Jan 2004

Academic Law Library Directors’ Law School Courses, Ann Puckett

Scholarly Works

Summarizes informal survey of law library directors concerning topics on which they have taught courses.

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Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr. Jan 2004

Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.

Scholarly Works

Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …

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Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson Jan 2004

Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson

Scholarly Works

These remarks were made at the Georgia Journal of international and Comparative Law's conference of April 16, 2004, "From Autocracy to Democracy: The Effort to Establish Market Democracies in Iraq and Afghanistan."

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